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HomeMy WebLinkAboutBy-law 1808/84THE CORPORATION OF THE TOWN OF PICKERiNG BY-LAW NUMBER 1808/84 Being a Zoning By-law to amend Restricted Area By-law 2511, as amended to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lots 21 and 22, Concession l, in the Town of Pickering. (A 1/84) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development on the subject lands of certain commercial GO-Transit related facilities in addition to restricted light industrial uses; AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE "I" Schedule "I" hereto with notations and references is hereby declared to be part of this By-law. shown thereon AREA RESTRICTED The provisions of this By-law shall apply to those lands in part of Lots 21 and 22, Concession 1, Pickering, designated "M1-5" on Schedule "I" attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law: (1) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres; but shall not include a retail store; (2) "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving aKticles, goods or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; continued... Page 2 (3) (4) (5) (6) (7) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat; "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged, and which includes a chartered bank or a branch thereof; (a) "Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators, and any part of the building below established grade other than that used for retail commercial or office purposes; (b) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribu- tion to retail or institutional outlets; a) "Lot" shall mean an area of land fronting on a street which is used or.intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; b) "Lot Coverage" shall mean the percentage of a lot area covered by all buildings on the lot; c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (8) "Light Manufacturing Plant" shall mean a manufacturing plant used for: (9) a) the production of apparel and finished textile products other than the production of synthetic fibres; b) printing or duplicating; c) the manufacture of finished paper other than the processing of wood pulp; d) the production of cosmetics, drugs and other pharmaceutical supplies; or e) the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; "Personal Service Shop" shall mean an establishment where a personal service is performed and may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a bodyrub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; continued... Page 3 10) ll) 12) 13) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shal. 1 not include a body-rub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; "Restaurant, Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises; "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, foods, substances, articles or things are stored, kept and offered for retail sale to the public, but does not include any establishment otherwise defined herein; "Scientific, Research or Medical Laborators" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; "Transportation Support Store" shall mean a retail store in which food, drugs, periodicals or similar items of day- to-day household necessity are kept for retail sale primarily to patrons of a public passenger transportation facility and persons employed in the industrial area; 15) "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures or other uses as are specifically permitted thereon; b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; continued... Page 4 (e) (f) (g) (h) (i) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side lot line to the nearest wall of the nearest main building or structure on the lot; "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; "Flankage Side Yard" shall mean a side yard adjoining a street or abutting on a reserve opposite side of which is a street; immediately on the "Interior Side Yard" shall mean a side yard other than a ~lankage side yard. PROVISIONS (1) Uses Permitted ("MI-5" Zone) No person shall within the land designated "M1-5" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) business office (b) dry cleaning establishment (c) financial institution (d) food preparation plant (e) light manufacturing plant (f) professional office (g) scientific, research or medical (h) warehouse laboratory (2) Additional Uses Permitted ("M1-5" Zone) Where the lands immediately adjacent to the westerly boundary of the lands designated "M1-5" on Schedule "I" hereto, are being used as a public passenger transportation facility, the purposes excepted from the prohibition set out in Section 5(1) above shall be deemed to include the following: (a) dry cleaning depot, subject to the provisions of Section 5'(3)(j) C and D; (b) personal service shop, subject to the provisions of Section 5(3)(j) A, C and D (c) restaurant, type A, subject to the provisions of Section 5(3)(j) B, C and D; (d) transportation support store, subject to the provisions of Section 5(3)(j) A, C and D. continued... Page 5 (3) Zone Requirements ("M1-5" Zone) No person shall within the lands designated "M1-5" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) LOT AREA (minimum): 0.4 hectares b) LOT FRONTAGE (minimum): 30 metres c) FRONT YARD DEPTH (minimum): 30 metres d) SIDE YARD WIDTH (minimum): 4.5 metres e) REAR YARD DEPTH (minimum): 7.5 metres f) LOT COVERAGE (maximum): 50 percent g) BUILDING HEIGHT (maximum): 12 metres h) OPEN STORAGE: no open storage shall be permitted in any yard (i) PARKING REQUIREMENTS (minimum): 1.O parking space per 56 square metres or part thereof of gross leasable floor area (j) SPECIAL RESTRICTIONS: A The gross leasable floor area of a transportation support store or a personal service shop shall not exceed 400 square metres B The a§greg~te of.the gross leasable floor areas of a restaurant, type A shall not exceed 500 square metres C The gross leasable floor area of all transportation support stores, dry cleaning depots, personal service shops and restaurants, type A shall not exceed 1550 square metres D A dry cleaning depot, personal service shop, restaurant, type A and a transportation support store shall be permitted only on the lands hatched on Schedule "I" attached hereto. 6. ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. continued... Page 6 (2) Where a corporation is convicted under subsection (1), maximum penalty that may be imposed is, (3) (a) on the first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted, and not as provided in subsection (1), Where a conviction is entered under section (1), in addition to any other remedy or any penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. the 7. BY-LAW 2511 (1) By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule "I" attached hereto. (2) EFFECTIVE DATE This By-law shall take effect from the day of passing thereof subject to the approval of the Ontario Municipal Board, if required. REAR A FIRST AND SECOND TIME THIS 2nd DAY OF ABr±i , 1984. READ A THIRD TIME AND PASSED THIS 30th DAY OF July , 1984. MAYOR OWN QF r~[C F, ERiNG APPROVED t.¢'~ AL OE2T~ BAYLY STREET SCHEDULE 'I' TO BY-LAW 1808/84 PASSED THIS 30th DAY OF .~.]_v 1984 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1808/84 Being a Zoning By-law to amend Restricted Area By-law 2511, as amended to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lots 21 and 22, Concession l, in the Town of Pickering. (A 1/84) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development on the subject lands of certain commercial GO-Transit related facilities in addition to restricted light industrial uses; AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE "I" Schedule "I" hereto with notations and references is hereby declared to be part of this By-law. shown thereon o AREA RESTRICTED The provisions of this By-law shall apply to those lands in part of Lots 21 and 22, Concession l, Pickering, designated "M1-5" on Schedule "I" attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law: (1) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres; but shall not include a retail store; (2) "Dry Cleanin9 Depot" shall mean a building or part of a building used for the purpose of receiving aKticles, goods or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes~ continued... Page 2 (3) (4) (5) (6) "Dry Cleaning Establishment" shall mean a building or part o~ a building used for dry cleaning and related processes but does not include a laundromat; "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged, and which includes a chartered bank or a branch thereof; (a) (b) "Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators, and any part of the building below established grade other than that used for retail commercial or office purposes; "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribu- tion to retail or institutional outlets; (7) (a) "Lot" shall mean an area of land fronting on a street which is used or.intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of a lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (8) "Light Manufacturing Plant" shall mean a manufacturing plant used for: (9) (a) the production of apparel and finished textile products other than the production of synthetic fibres; (b} printing or duplicating; (c) the manufacture of finished paper other than the processing of wood pulp; (d) the production of cosmetics, drugs and other pharmaceutical supplies; or (e} the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; "Personal Service Shop" shall mean an establishment where a personal service is performed and may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a bodyrub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; continued... Page 3 (lo) (11) (12) (13) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; "Restaurant, Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises; "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, foods, substances, articles or things are stored, kept and offered for retail sale to the public, but does not include any establishment otherwise defined herein; "Scientific, Research or Medical Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; (14) "Transportation Support Store" shall mean a retail store in which food, drugs, periodicals or similar items of day- to-day household necessity are kept for retail sale primarily to patrons of a public passenger transportation facility and persons employed in the industrial area; (15) (16) "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; continued... Page 4 (e) (f) (g) (h) (i) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side lot line to the nearest wall of the nearest main building or structure on the lot; "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("M1-5" Zone) No person shall within the land designated "M1-5" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) business office (b) dry cleaning establishment (c) financial institution (d) food preparation plant (e) light manufacturing plant (f) professional office (g) scientific, research or medical (h) warehouse laboratory (2) Additional Uses Permitted ("MI-5" Zone) Where the lands immediately adjacent to the westerly boundary of the lands designated "M1-5" on Schedule "I" hereto, are being used as a public passenger transportation facility, the purposes excepted from the prohibition set out in Section 5(1) above shall be deemed to include the following: (a) dry cleaning depot, subject to the provisions of Section 5'(3)(j) C and D; (b) personal service shop, subject to the provisions Section 5(3)(j) A, C and D of {c) restaurant, type A, subject to the provisions of Section 5(3)(j} B, C and D; (d) transportation support store, subject to the provisions of Section 5(3)(j) A, C and D. continued... Page 5 (3) Zone Requirements ("MI-$" Zone) No person shall within the lands designated "M1-5" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 0.4 hectares (b) LOT FRONTAGE (minimum): 30 metres (c) FRONT YARD DEPTH (minimum): 30 metres (d) SIDE YARD WIDTH (minimum): 4.5 metres (e) REAR YARD DEPTH (minimum): 7.S metres (f) LOT COVERAGE (maximum): 50 percent (g) BUILDING HEIGHT {maximum): 12 metres (h) OPEN STORAGE: no open storage shall be permitted in any yard (i) PARKING REQUIREMENTS (minimum): 1.O parking space per 56 square metres or part thereof of gross leasable floor area (j) SPECIAL RESTRICTIONS: A The gross leasable floor area of a transportation support store or a personal service shop shall not exceed 400 square metres The aggregate of.the gross leasable floor areas of a restaurant, type A shall not exceed 500 square metres C The gross leasable floor area of all transportation support stores, dry cleaning depots, personal service shops and restaurants, type A shall not exceed 1550 square metres D A dry cleaning depot, personal service shop, restaurant, type A and a transportation support shall be permitted only on'the lands hatched on Schedule "I" attached hereto. store 6. ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. continued... Page 6 (2) (3) Where a corporation is convicted under subsection (1), maximum penalty that may be imposed is, (a) on the first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted, and not as provided in subsection {1). Where a conviction is entered under section (1), in addition to any other remedy or any penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. the 7. BY-LAW 2511 (1) By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule "I" attached hereto. (2) EFFECTIVE DATE This By-law shall take thereof subject to the Board, if required. effect from the day of passing approval of the Ontario Municipal REAR A FIRST AND SECOND TIME THIS 2~8 DAY OF Apri! , 1984. READ A THIRD TIME AND PASSED THIS 30th DAY OF July , 1984. MAYOR TOWN OF PICKERI;'UG APPROVED BAY~ STREET SCHEDULE 'I' TO BY-LAW 1808/84 PASSED THIS 30th DAY OF ~"~11 I_V 1984 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1808/84 Being a Zoning By-law to amend Restricted Area By-law 2511, as amended to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham in Part of Lots 21 and 22, Concession l, in the Town of Picketing. {A 1/84} WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development on the subject lands of certain commercial GO-Transit related facilities in addition to restricted light industrial uses; AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE "I" Schedule "I" hereto with notations and references shown is hereby declared to be part of this By-law. thereon AREA RESTRICTED The provisions of this By-law shall apply to those lands in part of Lots 21 and 22, Concession l, Picketing, designated "M1-5" on Schedule "I" attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law: (1) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres; but shall not include a retail store; (2) "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving aKticles, goods or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; continued... Page 2 (3) (4) (6) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat; "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged, and which includes a chartered bank or a branch thereof; (a) (b) "Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators, and any part of the building below established grade other than that used for retail commercial or office purposes; "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribu- tion to retail or institutional outlets; (7) (a) "Lot" shall mean an area of land fronting on a street which is used or.intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; {b) "Lot Coverage" shall mean the percentage of a lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (8) "Light Manufacturin9 Plant" shall mean a manufacturing plant used for: (9) a) the production of apparel and finished textile products other than the production of synthetic fibres; b} printing or duplicating; c) the manufacture of finished paper other than the processing of wood pulp; d) the production of cosmetics, drugs and other pharmaceutical supplies; or e) the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; "Personal Service Shop" shall mean an establishment where a personal service is performed and may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a bodyrub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; continued... Page 3 (lO) (ll) 12) 13) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shal. 1 not include a body-rub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; "Restaurant, Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises; "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, foods, substances, articles or things are stored, kept and offered for retail sale to the public, but does not include any establishment otherwise defined herein; "Scientific, Research or Medical Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; 14) "Transportation Support Store" shall mean a retail store in which food, drugs, periodicals or similar items of day- to-day household necessity are kept for retail sale primarily to patrons of a public passenger transportation facility and persons employed in the industrial area; (15) (16) "Warehouse" shall mean a building or part of a building ~hich is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal ~imension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; continued... Page 4 (e) (f) (g) (h) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side lot line to the nearest wall of the nearest main building or structure on the lot; "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("MI-5" Zone) No person shall within the land designated "M1-5" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) business office (b) dry cleaning establishment {c} financial institution (d) food preparation plant {e} light manufacturing plant (f} professional office {g) scientific, research or medical (h) warehouse laboratory (2) Additional Uses Permitted {"M1-5" Zone} Where the lands immediately adjacent to the westerly boundary of the lands designated "M1-5" on Schedule "I" hereto, are being used as a public passenger transportation facility, the purposes excepted from the prohibition set out in Section 5{1) above shall be deemed to include the following: (a) dry cleaning depot, subject to the provisions of Section 5'(3}{j) C and D; (b) personal service shop, subject to the provisions of Section 5(3)(j) A, C and D (c) restaurant, type A, subject to the provisions of Section 5(3)(j) B, C and D; (d) transportation support store, subject to the provisions of Section 5(3)(j) A, C and D. continued... Page 5 (3) Zone Requirements ("M1-5" Zone) No person shall within the lands designated "M1-5" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 0.4 hectares (b} LOT FRONTAGE (minimum): 30 metres (c) FRONT YARD DEPTH (minimum}: 30 metres (d) SIDE YARD WIDTH (minimum): 4.5 metres (e) REAR YARD DEPTH (minimum): 7.5 metres (f) LOT COVERAGE (maximum): 50 percent (g) BUILDING HEIGHT (maximum): 12 metres (h) OPEN STORAGE: no open storage shall be permitted in any yard (i) PARKING REQUIREMENTS (minimum): 1.O parking space per 56 square metres or part thereof of gross leasable floor area (j) SPECIAL RESTRICTIONS: A The gross leasable floor area of a transportation support store or a personal service shop shall not exceed 400 square metres B The aggregate of.the gross leasable floor areas of a restaurant, type A shall not ekceed 500 square metres The gross leasable floor area of all transportation support stores, dry cleaning depots, personal service shops and restaurants, type A shall not exceed 1550 square metres D A dry cleaning depot, personal service shop, restaurant, type A and a transportation support store shall be permitted only on the lands hatched on Schedule "I" attached hereto. 6. ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. continued... Page 6 (3) Where a corporation is convicted under subsection (1), maximum penalty that may be imposed is, (a) on the first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted, and not as provided in subsection {1). Where a conviction is entered under section (1), in addition to any other remedy or any penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. the 7. BY-LAW 2511 (1) By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule "I" attached hereto. (2) EFFECTIVE DATE This By-law shall take effect from the day of passing thereof subject to the approval of the Ontario Municipal Board, if required. REAR A FIRST AND SECOND TIME THIS 2nd DAY OF April , 1984. READ A THIRD TIME AND PASSED THIS 30th DAY OF July , 1984. CLUE RK TOW'F,~ OF PICKERiNG APPROVED BAYLY STREET SCHEDULE 'I' TO BY-LAW PASSED THIS , 30th DAY OF .~11 '~ _~ 1984 CLERK .F~// 1808/84 Rr--cErvED THIS AGREEMENT made this 21st day of January, 1985. FEB 5 1985 BETWEEN : TOWN OF PICKJRING PLANNING DEPARTMENT THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - BRAUKMANN BUILDING CORPORATION a corporation incorporated under, the laws of the Province of Ontario hereinafter referred to as the "Owner" OF THE SECOND PART. • WHEREAS the Owner herein is the registered owner, in fee simple, of the lands - affected hereby; and WHEREAS pursuant to the provisions of By-law 1079/80, enacted pursuant to the predecessor of section 40 of the Planning Act, R.S.O. 1980, chapter 379, the Town and the Owner entered into a Site Plan Agreement dated May 30th, 1983, which Agreement was registered in the Land Registry Office of the Registry Division of Durham (No. 40) on July 28th, 1983 as Instrument Number D160824; and WHEREAS as a condition of the approval of Zoning By-law Amendment Application A 1/84, the Town requires the Owner to enter into an Agreement with it respecting the provision of direct pedestrian access routes linking the lands affected hereby with the Pickering Go Train Station; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the sum of Two Dollars, now paid by each Party to the other, receipt of which from each is hereby acknowledged, and the terms and conditions herein, the Parties hereto agree as follows: 1. The lands and premises affected by this Agreement (hereinafter referred to as the "lands") are those lands more particularly described in Schedule A hereto. 2. The Owner is bound by all the terms and provisions of the Site Plan Agreement dated May 30th, 1983 between the Town and the Owner, which Agreement was registered in the Land Registry Office of the Registry Division of Durham (No. 40) on July 28th, 1983, as Instrument Number D160824. 3. In the event that the owner of the property immediately to the west of the lands, presently known as the "Pickering Go Train Station", redevelops, at any time, that property as a commuter railway station, the Owner shall use its best efforts to obtain a minimum of two and a maximum of three direct pedestrian access routes linking that property with the lands. e y , • r 4. In the event that the owner of the property to the west of the lands ceases to use that property as a commuter railway station, the Owner shall not object to the passage by the Town of a Zoning By-law pursuant to the Planning Act, 1983, or any successor thereto, the effect of which would be to prohibit the use of the lands for any purpose constituting a commercial Go Transit related facility. 5. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested to by the hands of their proper authorized officers. . SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN,,OF PICKERING ayor J in Cler" • BRAUKMANN BUILDING CORPORATION • • - 2 • • SCHEDULE A ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the. Regional Municipality of Durham and Province of Ontario and being composed of parts of Lots 21 and 22, Concession 1, in the said Town of Pickering, designated as Parts 1 and 2 on a plan deposited in the Land Registry Office for the Registry Division of Durham (No. 40) as Plan 40R-6033; AS DESCRIBED in Instrument No. D177751; SUBJECT to an easement over Part 2 on the said plan upon the terms of an Instru- ment registered in the said Land Registry Office as No. D14562. • • J O - y it 1%1 ., J .;,,. , 0 '!U . . W 1 T i I. , . •S i • t H ti C7 ted a Pq Itn � o o8 • (7 y �" � x • Cm � � d = o Z H � w •rr . 7C t"i m 0O w O C ooNroAo , zro PI R0 xs• y b. 5" 0.ca N a xic) ►tom O Z a' � � pi 0 1. o' a� n 79 p fir, •-n O tri Z co a H v, 'O Z O H O Z `L